to his duty went; but I do not think that his manner of doing duty was always judicious. Q. What was Lieutenant and Captain Reynolds's general reputation, moral, mental, and professional, while you served together? A. His mental reputation was good. His general professional reputation among officers and men was that of being very severe-too much of a martinet; his general moral reputation was not good. Q. Please state, in detail, if you know of your own knowledge, anything derogatory to his moral character? A. I know nothing except by hearsay, except when we were associated together in Mexico, it was a subject of comment among the young officers of the battalion to which we were both attached that Lieutenant Reynolds was too fond of going to balls which were not reputable ones, and dancing all night with improper women in uniform. Q. Please state, under the restrictions imposed by the ruling of the board, (here read you,) all you know of his moral character. The defence here desired to submit the following: The court has laid down the rule that witnesses may testify as to statements of facts bearing upon moral character made to them by more than one witness. Captain Reynolds objects this ruling, and contends that while general reputation is undoubtedly a matter which depends upon the statement of others, yet that particular facts, involving moral turpitude, can only be proved by the testimony of witnesses who depose to matters within their own knowledge. Hearsay testimony in relation to matters of fact is never admissible. The rule is laid down by De Hart, page 377. This is a general rule the propriety of which is manifest from the following considerations: that the statement is not made by the witness from his own knowledge and therefore is not sanctioned by an oath, and that the party against whom the evidence is offered can have no opportunity of examining into the means of knowledge of the party who made the statement. As every fact is required to be proved on oath in the presence of the accused, it must follow that hearsay evidence cannot be allowed. The correctness of this rule was never more manifest than in the present case, where a mass of statements have been introduced as made by others without the sanction of an oath, and without opportunity to the accused to cross-examine the persons making such statements. The same rules of evidence govern this board as obtain in courts-martial. This is expressly declared in the act of Congress of 1861 authorizing such boards, and it is suggested to this court how perilous a thing it would be in an important case, involving life and liberty, to allow hearsay evidence. It is submitted that the general declarations of others are admissible as to whether character is good or bad, but that facts affecting character can only be proved by positive testimony. If the opposite rule should be followed, it would evidently be allowable for Captain Reynolds, in reply, to bring witnesses to prove the good things that had ever been said of him by other parties, and to establish innumerable virtuous acts by the testimony of persons who would testify that they had heard others say he had performed them. It is respectfully submitted that the witnesses should only be allowed to testify to general character from the statement of others, and to particular facts occurring in character, within their own positive knowledge. The board was cleared, and after mature deliberation it was decided to sustain the objection and rule out hearsay evidence. On the board being opened it was so announced. The board here adjourned until to-morrow at 10.30 a. m. MARINE RETIRING BOARD, MARINE BARRACKS, The board met at 10.30 a. m., pursuant to the adjournment of yesterday Present: Lieutenant Colonel Ward Marston, United States marines, president of board; Surgeon Charles Eversfield, United States navy, Lieutenant Colonel J. H Jones, United States marines, Surgeon Delavan Bloodgood, United States nawy, Major G. R. Graham, United States marines, members; and First Lieutenant John C. Harris, United States marines, judge advocate. Captain E. McD). Reynolds, the officer whose case is under investigation, was also present. The examination of Major C. G. McCawley was then continued. The testimony of the witness was here read over to him, and by him pronounced correctly recorded. By JUDGE ADVOCATE: Q. Please state such facts as you know, of your personal knowledge, bearing on the professional reputation of Lieutenant and Captain Reynolds. A. In the summer of 1863 a battalion of marines, under Major Zeilin, was landed on Morris island, South Carolina. Some of the marines of the South Atlantic squadron had been previously landed, and were commanded by Captain Reynolds, who was the senior marine officer of the squadron. While in command of this detachment he issued an order to the following effect: "In the event of this command going into action, if any officer or man should show the slightest sign of flinching it shall be the duty of any person observing it to shoot him instantly." Subsequently to this Captain Reynolds succeeded to the command of the whole battalion, and one day I found this order posted up at the guard tent. I took a copy of it at the time, and protested strongly to Captain Reynolds upon the impropriety of this order. This I consider an evidence that his manner of doing duty was not judicious. Upon my remonstrance Captain Reynolds withdrew the order. At the time Captain Reynolds took command of the battalion he issued an order allowing every captain and subaltern. in the command to have an orderly. This was unusual, and I don't think, under the circumstances, very judicious. Of my own knowledge, Captain Reynolds has been tried twice by court-martial, which, in my opinion, is evidence that he does not carry on duty in such a manner as to avoid difficulties with his commanding officers. I think, therefore, that this is an evidence that his professional conduct is not judicious. Q. What was his general professional reputation among officers of the battalion you refer to ? A. Those whom I heard express any opinion about him seemed disposed to speak ill of his professional abilities. They did not like his manner of carrying on duty. They complained, some of them to me, that he was too harsh with them. Q. What was Lieutenant or Captain Reynolds's professional and moral reputation at the New York and Philadelphia posts, while you served together? A. His professional reputation was as I have stated before. His moral reputation was bad. Q. State such facts as you know of your own knowledge, bearing on his moral reputation at the places referred to in the preceding question. A. Of my knowledge I can state but one fact, which, in my opinion, indicates a bad moral character. He told me himself that he was unfaithful to his wife, and confessed to an intrigue with another woman. This occurred at the New York barracks, several years ago, about 1855. I remember expressing some disapprobation to him of his conduct as a married man, to which he replied that be had made a great mistake; that he had married too soon. This is the only thing which I can relate, of my own knowledge, bearing on his moral character. Ex. Doc. 9-2 Cross-examined by defence: By Captain REYNOLDS: Q. Was not Lieutenant Reynolds a very young man at the time of the balls in Mexico, to which you have referred? A. He was about twenty years of age. Q. Was it not quite a common thing for young officers to attend the balls in question? A. It was common for officers to go in the room, because these balls to which I refer were held in a public room in a hotel, which communicated with many others, such as bar-rooms and gambling rooms, but it was not common for officers to dance at these balls, and it was that which excited the comment in Lieutenant Reynolds's case. Q. Have you a copy of the Morris island order? A. I have not; I destroyed it. Q. Did not the Morris island order say that if he himself showed signs of flinching he was to be shot down? A. That expression did not occur, to my remembrance. Q. Did not Captain Reynolds, in the conversation you have mentioned at Morris island, deny that he ever promulgated the order referred to to the men. A. He did deny that he had issued it to the battalion, but I found it on the order-board which had been brought from his other camp, mixed up with other orders and signed with his name. This was hung at the guard tent. Q. Did not Captain Reynolds in this conversation tell you that the placing of this order on the board was a mistake of his orderly sergeant? A. I have no recollection of that. His statement was that he did not intend to or had not issued it to the battalion. Q. What was the condition of the marine battalion, or of the part of it under his command, as to efficiency, while under Captain Reynolds's command at Morris island? A. I know nothing of his command of the company. He only had command of the battalion a very short time, and the efficiency of it during that time was not changed in any way from what it had been before. I think it was always efficient. Q Did you serve with Captain Reynolds at the siege of Fort Wagner? If so, what was his conduct? A. I saw Captain Reynolds the morning we entered Fort Wagner, after the evacuation of the enemy. I think his conduct as a soldier and officer was good on that occasion. Q. Did you serve with Lieutenant Reynolds at the siege of Chapultepec? If so, what was his conduct? A. I did. His conduct there, as far as I know, was very good. Q. Have you seen Lieutenant or Captain Reynolds in action on any other occasions besides those you have mentioned? If so, what was his conduct? A. I cannot remember any other occasion except it be at the garita of San Cosme, Mexico. This was part of the battle of Chapultepec. Q. Were there not some circumstances connected with the difficulty of obtaining servants which afford some explanation of the order at Morris island as to orderlies? A. These orderlies were in addition to other men acting as cooks. When Captain Reynolds took command he abolished and took away these orderlies. Q. Have you a copy of that order? A. I have not. Captain Reynolds here asked that the court may adjourn five minutes, in order that he may submit to the witness the original order referred to. The board then took a recess for half an hour. On reassembling the examination was continued as follows: Q. Is the order No. 1 contained in the book shown you, the Morris island order referred to by you in regard to orderlies? A. It is." At the request of the defence the order (which is as follows) was read by the judge advocate and offered by the defence as evidence : [Order No. 1.] HEADQUARTERS MARINE BATTALION, Morris Island, S. C., September 2, 1863. Captain Reynolds had directed me to say to the officers of the battalion that one orderly will be allowed to the captain of each company and one for the two leutenants; these orderlies to be taken from the ranks, to be on duty all day, having no relief. The captain commanding and the staff officers will be allowed each one orderly. Orderlies are excused from all company duty, and will be taken from the line of the company. Q. Do JOHN C. HARRIS, Second Lieutenant and Adjutant. you recollect of the issuing of Order No. 4 in this book? A. I do. The order in question is a copy of the army regulations in relation to the government of a camp. This order was offered by the defence in evidence, and is as follows: [Order No. 4.] HEADQUARTERS MARINE BATTALION, 1st. The Revised Army Regulations will govern the marine battalion in all its details. 2d. At the three roll calls, "reveille," "retreat," and "tattoo," one commissioned officer only is required to be present. 3d. A camp sergeant of police will have charge of the police of the battalion camp throughout. All police is under his supervision, and he is responsible to the commanding officer of the battalion only. 4th. A regimental detail for police will be made daily from the different companies of four privates per company, with two corporals, according to roster, for the general camp police. The detail will report to the camp sergeant of police. 5th. Company police is under the direction of the captains, and will be performed by the companies. 6th. The guard will police its own quarters under the officer of the guard ; quarters are to be ready for inspection and repored at ten o'clock a m. to captains, who will inspect thouroughly and report the result by the orderlies. 7th. The camp sergeant will report at reveille, ten a. m., one p. m., retreat and tattoo, the police of the camp to the commanding officer. 8th. All offensive matter affecting the health of the camp will be burned or buried two feet deep. The sanitary condition of the camp must be cared for by all. 9th. Immediately after evening parade companies will be marched to company parades, and their arms and accoutrements thoroughly inspected by their captain before dismissal, who will report their result by their orderlies to the commanding officer. 10th. Lights will be permitted to officers until twelve p. m., and to noncommissioned officers until half past nine p. m.; all others to be extinguished at tattoo and the camp quiet. 11th. The camp must be orderly at all times. In everything affecting the good order of the camp, the offender, if an officer, will be reported; if an enlisted man, confined. The officer of the guard has the enforcing of this order. 12th. Reports must be made daily from the companies in writing, signed by captains, of the disposition of the force under their command, and sent in to the adjutant at eight a. m., to be by him consolidated and sent to the commanding officer at nine a. m. 13th. No officer or enlisted man will be absent from the camp without the sanction of his captain. Captains will inform their juniors in rank present when leaving camp. There must always be one officer with a company. 14th. The officer of the guard will remain with his guard at all times, excepting during meal hours, mentioning his absence to his sergeant. He will sleep in the guard tent. He will Communicate on duty or otherwise by his orderly. Said orderly to be detailed as orderly of the guard from his company. 15th. Reveille, daybreak; breakfast, 7 a. m.; guard mounting, 8 a. m.; dinner, 12 m.; retreat, sundown; tattoo, 9 p. m.; taps, 9.15 p. m. 16th. The sentinels posted around camp are numbered as follows: 1, guard tent; 2, left flank of camp; 3, rear of left wing; 4, rear of centre; 5, rear of right wing; 6, right flank; 7, commanding officers; 8, right of color line; 9, centre of color line; 10, commissary stores. 17th. Sentinels front, flank, and rear, see that no soldier leaves camp with arms, unless with a non-commissioned officer. No enlisted man to leave camp at night except going to the sinks, and then note their return. They arrest at any time suspicious persons prowling about the camp, and at night every one who attempts to enter, except officers-even soldiers of other camps; all arrested persons to be brought to the officer on guard. 66 18th. Sentinels will be particular in salutes : 'Carry arms to all under major; "Present" to commanding officer and all above the rank of captain. 19th. Gross offenders will be sent to the provost marshal. 20th. Without arms or with side-arms only, salute by raising the hand to the visor right side, palm to the front, elbow height of the shoulder. If sitting, rise, face to the officer, stand at "attention" and salute. If standing, turn to him and salute. 21st. Reports of all departures from the army regulations will be made personally to the commanding officer, whether in dress or discipline. 22d. Obedience to orders and quickness in obeying them insures discipline. By order: E. McD. REYNOLDS, Captain Commanding Battalion. The testimony of this witness was here read over to the witness, and by him pronounced correctly recorded. Colonel JACOB ZEILIN called and sworn. By JUDGE ADVOCATE : Q. What is your name, and rank in the marine corps ? A. Jacob Zeilin; colonel commanding United States marine corps. Q. Please state if you have ever served in company with Captain Reynolds; and if so, where? A. At Morris island, during August, 1863. Q. Please state such facts as you are personally cognizant of, bearing on his moral or professional character. A. I know nothing of his moral character. During that time he commanded |